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Journal articles on the topic 'Dispute resolution law'
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1
Respati, H. Radea, and Asep Sapsudin. "What Is The Process Of Resolving Disputes In International Business Law?" Al-Adalah: Jurnal Hukum dan Politik Islam 9, no. 1 (January 31, 2024): 94–109. http://dx.doi.org/10.30863/ajmpi.v9i1.6030.
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The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level.
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Wang, Zhiqiong June, and Jianfu Chen. "From alternative dispute resolution to pluralist dispute resolution: towards an integrated dispute-resolution mechanism in China." International Journal of Law in Context 16, no. 2 (June 2020): 165–80. http://dx.doi.org/10.1017/s1744552320000129.
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AbstractSince 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.
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Melillo, Margherita. "Informal Dispute Resolution in Preferential Trade Agreements." Journal of World Trade 53, Issue 1 (February 1, 2019): 95–127. http://dx.doi.org/10.54648/trad2019005.
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Noting that very few disputes have been adjudicated, many scholars have expressed doubts whether the dispute settlement mechanisms of preferential trade agreements (PTAs) will ever be used. This article argues that looking only at the number of formal disputes (i.e. disputes that lead to the adoption of a decision by third party adjudicators) tells an incomplete story about dispute resolution in PTAs (i.e. resolution of disputed issues). Focusing on the PTAs concluded by the European Union (EU), this article contends that the framework established by the PTAs can have a complementary role to litigation. Like the committees at the World Trade Organization, the committees established by the PTAs can foster dialogue and find technical solutions to disputed issues. By looking at the text of the EU PTAs as well as at available documents on their implementation, this article shows how these committees can tackle disputes.
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Casey, Angela. "Individualarbeitsrechtliche Streitigkeiten im Schiedsverfahren." ASA Bulletin 35, Issue 2 (May 1, 2017): 266–80. http://dx.doi.org/10.54648/asab2017025.
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In the last decade, arbitration as a mechanism for alternative dispute resolution has become increasingly important. Questions of arbitrability move to the forefront as arbitration expands to disputes whose commercial character might be less obvious. One recent question of interest is whether individual employment disputes can be the subject of arbitration proceedings in Switzerland. This paper identifies two areas of employment disputes which lend themselves to final resolution through arbitration. In particular, sports related and “executive”-employee disputes benefit from dispute resolution outside of state courts. The well-known distinction between domestic and international arbitration proceedings seated in Switzerland has a profound impact on the subject matters that are considered to be arbitrable. Because Art. 177 of the Private International Law Act states that any dispute concerning a pecuniary interest may be the subject of an arbitration procedure, “international” parties desiring to arbitrate their dispute will rarely face an issue since almost all possible employment law claims are of a pecuniary interest to at least one party. On the other hand, the arbitrability of a domestic dispute is governed by Art. 354 Civil Procedure Code, which limits the scope of a potential arbitration procedure to any claim over which the parties may “freely dispose of”. The possibility of arbitration procedures regarding employment law disputes is therefore limited, since the Federal Supreme Court decided that an employee cannot “freely dispose of” all mandatory provisions enumerated in the Code of Obligations. This discrepancy is the main focus of this essay and will be explored in detail.
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Zheng, Pai, and Ningze Xie. "China’s First One-Stop Aviation Dispute Resolution Platform in Shanghai: Recent Development." Air and Space Law 48, Issue 4 /5 (September 1, 2023): 419–44. http://dx.doi.org/10.54648/aila2023053.
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Integrating a diversified dispute resolution mechanism into civil and commercial aviation dispute resolution has become an emerging trend, aiming to allow the disputing parties to have access to all available dispute resolution alternatives in a convenient, efficient and cost-effective manner. In China, the most recent development regarding the integration of a diversified dispute resolution mechanism that combines arbitration, mediation and litigation specific to aviation disputes, as evidenced by the creation of the first One-Stop Aviation Dispute Resolution Platform (hereinafter ‘One-Stop Aviation DRP’) in Shanghai on 18 May 2023. This ‘three-in-one’ platform is formed by the Shanghai International Aviation Court of Arbitration (SIACA) established in 2014, the Mediation Centre for Aviation Disputes established in 2020, and the Adjudication Station for Aviation Cases – a unique court branch – established in 2023. This article introduces the One-Stop Aviation DRP, explains the recent development of the three aviation-specific dispute resolution institutions thereunder, and proposes to use Online Dispute Resolution (ODR) as a feasible tool for constructing the One-Stop Aviation DRP in the near future. China, aviation dispute resolution, arbitration, mediation, One-Stop Platform, ODR
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Firdaus. F, M. Waritsul, and Radiyatam Mardiah. "International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community." Muhammadiyah Law Review 7, no. 2 (August 7, 2023): 24. http://dx.doi.org/10.24127/mlr.v7i2.2766.
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The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.
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Firdaus F, M. Waritsul, and Radiyatam Mardiah. "International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community." Muhammadiyah Law Review 7, no. 2 (August 10, 2023): 24. http://dx.doi.org/10.24127/mlr.v7i2.2771.
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The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.
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Davis, Benjamin G. "Building the Seamless Dispute Resolution Web: A Status Report on the American Bar Association Task Force on E-commerce and Alternative Dispute Resolution." Texas Wesleyan Law Review 8, no. 3 (July 2002): 529–38. http://dx.doi.org/10.37419/twlr.v8.i3.7.
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As a result of the Jurisdiction Project's attention to the role of dispute resolution in fostering e-commerce, there appeared to be a clear need for a neutral non-provider entity. The entity's purpose would be to create a task force to study disputes in cyberspace and assist with the development of proposed protocols, guidelines and standards for dispute resolution as it relates to e-commerce and the Internet. In September 2000, the ABA established such a Task Force to study the emergence of standards for the resolution of disputes arising from business to business (B2B) and business to consumer (B2C) e-commerce transactions. The Task Force consists of representatives from five ABA sections: Dispute Resolution, Business Law, Litigation, International Law and Practice, and Intellectual Property. Within its mission, the Task Force has examined the role of Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR), in particular, addressing disputes that result from e-commerce.
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Ardiansyah, Ardiansyah. "Transformation of Rules of Origin Dispute Settlement In Free Trade Agreement Scheme Through Mutual Agreement Procedure." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 22, no. 2 (December 22, 2022): 305–14. http://dx.doi.org/10.19109/nurani.v22i2.14461.
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Dispute resolution has been regulated in a free trade agreement (FTA) so the dispute resolution procedure should follow the dispute resolution procedure established by the FTA (das sollen). However, FTA dispute settlement procedures are not widely used to resolve disputes between importers, exporters, and state authorities related to import duty rates on imported goods in the FTA scheme. Litigation procedures in each country are the only option (das sein). Normative juridical law research methods use a statute approach to FTAs and a comparative approach to dispute settlement in the field of international tax law. Research proves the weakness of FTA dispute resolution, namely the private sector and the business world as the main stakeholders in FTA schemes do not get the right to justice in disputes (access to justice) so that disputes are resolved through domestic litigation in each country. As a result, exporters and authorities of the exporting country who are not involved in the litigation process may be disadvantaged in court decisions in the importing country. Transformation of dispute resolution in FTA agreements through the mutual agreement procedure (MAP) as in international tax law (tax treaty) must be made to provide an opportunity for parties from both countries in FTA agreements, both the private sector and the competent authorities to submit objections.
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Sasmiar, Sasmiar, Umar Hasan, and Suhermi Suhermi. "LEGAL CERTAINTY OF ALTERNATIVE DISPUTE RESOLUTION MEDIATION." Bengkoelen Justice : Jurnal Ilmu Hukum 14, no. 1 (April 8, 2024): 25–44. http://dx.doi.org/10.33369/jbengkoelenjust.v14i1.33432.
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If you look deeper into the substance of arbitration, the regulations are more dominant compared to the regulations regarding alternative dispute resolution. This arrangement is very important regarding the legal capacity of a mediator in carrying out his mediation function. Alternative dispute resolution in Indonesia is a tradition that has been implemented for a long time, such as in customary law in rural communities. An alternative model for resolving disputes in customary law communities is carried out by means of deliberation to reach a consensus. Dispute resolution through mediation is much more effective and efficient in terms of time, energy and costs when compared to dispute resolution through court. the process of resolving disputes through mediation is final and binding. The method used in this research is normative juridical. where doctrinal research is related to mediation within the framework of norms that have been abandoned or there is a legal vacuum. the rules regarding mediation are very simple while the legal requirements are increasing. the substance of the mediation arrangements is incomplete, such as arbitration. National legal product was regulated arbitration and alternative dispute resolution. in addition to being able to resolve civil disputes to general courts, there is also the possibility of submitting them through arbitration and alternative dispute resolution. laws arbitration and alternative dispute resolution such as mediation do not have legal certainty, because the substance of the mediation arrangements is incomplete. This is certainly detrimental to the disputing parties. Supreme Court regulated vacuum law to control this legal proceeding. The mediation process is carried out based on the practices that apply in the field. This is certainly detrimental to the disputing parties, and reduces public interest in resolving their disputes through mediation Keywords: Dispute Resolution; Mediation; Legal Certainty
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Islamiyati, Islamiyati, Ahmad Rofiq, Ro’fah Setyowati, and Dewi Padusi Daengmuri. "THE LEGAL REFORM OF THE WAQF LAW RESOLUTION BASED ON PANCASILA." Diponegoro Law Review 4, no. 2 (October 1, 2019): 226. http://dx.doi.org/10.14710/dilrev.4.2.2019.226-243.
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Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf meaningful in the society. The legal reform of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.
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Jamillah, Jamillah, and Maswandi Maswandi. "Alternative Dispute Resolution In Cyber Dispute Resolution With Mediation Techniques." SASI 29, no. 1 (March 11, 2023): 134. http://dx.doi.org/10.47268/sasi.v29i1.1289.
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Introduction: Law enforcement and protection for cyber cases is focused on the protection of cyber victims consisting of physical or psychological violence, retaliation, humiliation, and mistreatment of people who commit cyber crimes, the sophistication of the media makes people often involved with cyber crimes. Where the focus of this paper discusses alternative cyber dispute resolution.Purposes of the Research: The purpose of this study is to explain the concept of cyber dispute resolution by using mediation as an option.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: Cyber dispute resolution, cyber crimes that can be done anywhere, even with the sophistication of technology today is possible for a criminal to use equipment that allows difficult or even untraceable places about where the crime was committed so that the first step in alternative dispute resolution is using persuasive ways with mediation mechanisms and then further, improving the quality of law enforcement in, make the law as the basis in every action in order to create equality before the law and the rule of law.
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Rasyid, Abdul. "Relevance of Islamic Dispute Resolution Processes in Islamic Banking and Finance." Arab Law Quarterly 27, no. 4 (2013): 343–69. http://dx.doi.org/10.1163/15730255-12341267.
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Abstract In the Islamic legal system, the ways in which disputes are resolved generally fall under two categories. The first category is through litigation, namely in Islamic courts (al-qaḍāʾ or adjudication), and the second is through amicable means such as negotiation, conciliation and compromise (naṣīḥah or sincere advice), mediation (ṣulḥ), arbitration (taḥkīm), mediation along with arbitration (ṣulḥ and taḥkīm), an ombudsman (muḥtasib), expert determination (Mufti’s fatwā, pl. fatāwā), etc. These mechanisms are called alternative dispute resolution (ADR) that refers to a range of dispute resolution processes which are alternative to traditional litigation. Over time, the term ADR is now coming to mean ‘appropriate dispute resolution’ or the most appropriate resolution process in the given circumstances. One of the principal goals of ADR is to provide parties with choices for the effective and efficient resolution of disputes. The above-mentioned dispute resolution processes have different characteristics. This article will discuss only the relevant mechanisms with a view to examine how far they may be suitable to resolve Islamic banking and finance disputes effectively, cheaply and quickly.
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Rifdah, Ayudia Nur, Mulyani Zulaeha, and Yulia Qamariyanti. "Commercial Business Dispute Settlement Through Online Non-Litigation Dispute Settlement in Indonesia." Lambung Mangkurat Law Journal 6, no. 2 (September 29, 2021): 267–87. http://dx.doi.org/10.32801/lamlaj.v6i2.247.
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The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through non-litigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the non-litigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.
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Ayudia Nur Rifdah. "COMMERCIAL BUSINESS DISPUTE SETTLEMENT THROUGH ONLINE NON-LITIGATION DISPUTE SETTLEMENT IN INDONESIA." Lambung Mangkurat Law Journal 6, no. 2 (September 29, 2021): 267–87. http://dx.doi.org/10.32801/abc.v6i2.127.
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The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through nonlitigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the nonlitigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.
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DIAKONOVA, M. O. "ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES." Herald of Civil Procedure 10, no. 6 (January 25, 2021): 42–65. http://dx.doi.org/10.24031/2226-0781-2020-10-6-42-65.
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The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Russian Federation ‘On Consumer Rights Protection’ and the Federal Law ‘On Alternative Dispute Settlement Procedure with the Participation of a Mediator (Mediation Procedure)’ in Order to Create a Legal Basis for the Development of Alternative Online Dispute Resolution” has been prepared. The article analyzes this draft law, compares the projected norms with approaches implemented in foreign legislation, and suggests measures to improve the current legislation on the protection of consumer rights by creating an online platform for the settlement of consumer disputes.
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Fhlorida Agustina. "Resolution of Disputes Regarding the Rights of Domestic Workers in Indonesian Labor." Jurnal Gagasan Hukum 5, no. 02 (December 30, 2023): 70–79. http://dx.doi.org/10.31849/jgh.v5i02.15183.
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The aim of this research is to analyze the resolution of disputes when the rights of domestic workers are not granted by employers or domestic worker placement agencies based on Indonesian Labor Law and to examine the employer's responsibility in resolving disputes over the rights of domestic workers under Indonesian Labor Law. The method employed is normative legal research, focusing on dispute resolution for Domestic Workers. The findings reveal that domestic workers can utilize alternative dispute resolution to settle their disputes with employers. Dispute resolution, in cases where the rights of domestic workers are not provided by employers or placement agencies, can be addressed through both litigation and non-litigation channels. Current industrial relations dispute resolution regulations only mention conflicts between laborers/workers and employers/supervisors. According to Labor Law, domestic workers are not officially recognized as workers/laborers, yet employers are still responsible for the rights of domestic workers. The formulation of legislation specifically safeguarding the rights of domestic workers is crucial to provide the necessary protection for this group of workers.
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Abney, Sherrie R. "The Evolution of Civil Collaborative Law." Texas Wesleyan Law Review 15, no. 3 (July 2009): 495–515. http://dx.doi.org/10.37419/twlr.v15.i3.1.
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The alternative dispute resolution family has experienced a number of changes over the last century. Litigation, the great grandfather of modern day dispute resolution, has been the procedure chosen by the majority of people to resolve their problems for literally thousands of years-primarily because it was the only legal choice available to most parties. Litigation has been tweaked by lawmakers and courts, but it is basically conducted in the same manner that it was conducted before the Pilgrims landed at Plymouth Rock. The only other institutions that have survived with little change over the centuries are religions. Litigation may appear to have become just as important as religion for some lawyers, because it has allowed them to earn extraordinary income and exercise an enormous amount of control over their clients' affairs; however, that situation is changing. The public has begun looking for alternative ways to achieve the resolution of disputes in order to give individuals and companies more control over the dispute resolution process as well as a greater voice in the final outcome of their disputes.
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Anyebe, Peter Ademu. "Tax Disputes Resolution In Nigeria: Going Beyound The Traditional Court And Administrative Resolution System." Advances in Social Sciences Research Journal 6, no. 12 (January 2, 2020): 236–52. http://dx.doi.org/10.14738/assrj.612.7574.
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It is the requirement of law that tax is paid. Therefore, the discharge of tax obligation in Nigeria is not by choice. In the process of the tax authorities who are authorized under the law to collect taxes from tax payers, disputes arise. The paper reveals that in its bid to lessen the incidents of tax evasion in Nigeria, the Federal Government carried out a major reform in its tax regime. Thus, the Tax Appeal Tribunal (TAT) was established to ensure fairness and transparency of the tax system through a quick and efficient method of dispensing justice. Appeal from there lies to the Federal High Court on point of law. However, there is the unresolved problem of the constitutionality of TAT in its powers and jurisdiction in resolving tax disputes with Federal High Court (FHC). Furthermore, the paper reveals that tax disputes are not arbitrable under Nigerian law. It is the argument of this paper that although the courts are recognized as the most visible dispute arbiter, it is not always the most effective or efficient method. Therefore, it is further the argument of this paper that Nigeria’s tax objection procedures as governed by statutory rules should incorporate Alternative Dispute Resolution mechanism as practiced in other jurisdictions. The paper recommends that the necessary amendments should be made to enable TAT and FHC at their levels to encourage the use of early dispute resolution (EDR) and alternative dispute resolution (ADR), particularly mediation in the settlement of tax disputes brought before them. The introduction of VAIDS (Voluntary Assets and Income Declaration Scheme) by the Federal Government of Nigeria is in line with global best practices on non-disclosure of informal and declaration of assets. The paper concludes among others that Nigeria, as a country cannot operate in isolation, hence the introduction of ADR in its tax dispute resolution processes should be imminent and mandatory.
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Hassner, Ron E. "The Path to Intractability: Time and the Entrenchment of Territorial Disputes." International Security 31, no. 3 (January 2007): 107–38. http://dx.doi.org/10.1162/isec.2007.31.3.107.
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Why do territorial disputes become more difficult to resolve over time? Why are states often unable to resolve long-standing territorial disputes over land that is of little strategic or economic value? One explanation for territorial dispute entrenchment draws on changes in dispute perception. Specifically, as territorial disputes mature they undergo processes that increase the integrity of the disputed territory, clarify the definition of the territory's boundaries, and make it more difficult to find substitutes for the territory. Territorial dispute resolution is both stochastic and exogenous to the entrenchment process and thus impossible to predict. It is possible, however, to forecast ex ante the degree to which young territorial disputes are likely to resist resolution efforts in the future based on two variables: perceptions of a territory's integrity, boundaries, and value at the outset of the dispute, and physical constraints on expansion and settlement into the territory.
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Suma, Muhammad Iqbal. "PENYELESAIAN SENGKETA E-COMMERCE MELALUI ONLINE DISPUTE RESOLUTION." Khairun Law Journal 7, no. 2 (May 3, 2024): 81–93. http://dx.doi.org/10.33387/klj.v7i2.7434.
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Technological breakthroughs have driven significant growth in the economic sector, especially in increasing electronic transactions through digital platforms. The growth of e-commerce transactions has also led to trade disputes that are detrimental to consumers. This study aims to see how aspects of consumer protection are in e-commerce transactions. This research will also analyze how the process of resolving e-commerce transaction disputes through settlement via Online Dispute Resolution (ODR). The results of the research show that the government has made efforts to protect consumers by issuing Law number 8 of 1999 concerning consumer protection. Even so, the law has not been able to guarantee consumer protection in digital transactions in e-commerce. This is because the model of transactions carried out via digital platforms is different from conventional face-to-face transactions. Therefore, it is necessary to optimize and change several aspects of the consumer protection law so that it is able to cover consumer protection in e-commerce transactions. One of the dispute resolution processes is through the Online Dispute Resolution (ODR), which is a Development of Alternative Dispute Resolution (AD). ODR enables efficient dispute resolution through a faster and cheaper process.
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Luttrell, Sam, Matthew Di Marco, and Amelia Hirst. "Deep Seabed Mining: Dispute Resolution Mechanisms for Non-State Actors." Journal of World Investment & Trade 23, no. 1 (February 15, 2022): 122–51. http://dx.doi.org/10.1163/22119000-12340237.
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Abstract This article addresses dispute resolution mechanisms which are available to non-State actors with respect to deep seabed mining. As deep seabed mining is still in the exploration phase, the dispute resolution mechanisms are yet to be tested by non-State actors. This article conducts a Vienna Convention analysis of the relevant provisions of the United Nations Convention of the Law of the Sea as well as their negotiating history to identify the types of disputes which may arise between non-State actors and the International Seabed Authority, how these disputes may be resolved, and relevant gaps in the legal framework which may act as barriers to accessing dispute resolutions mechanisms. This article confirms the link between dispute resolution mechanisms and accountability of the International Seabed Authority. Finally, this article presents arguments in respect of the potential for an administrative review body to be established by the International Seabed Authority.
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Liddicoat, Joy. "A country road: domain name disputes in .nz—is private dispute resolution working?" International Journal of Law and Information Technology 27, no. 4 (2019): 409–36. http://dx.doi.org/10.1093/ijlit/eaz013.
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Abstract Domain name dispute literature focuses largely on generic top level domains and the Uniform Dispute Resolution Policy. Country code top level domains (ccTLDs) attract far less commentary. This article addresses this gap with a detailed evaluation of one ccTLD dispute resolution system: .nz. Evaluation of domain name disputes presents unique challenges: there is no single system for resolving disputes, diverse legal tests apply across jurisdictions and categories of disputes vary. The article examines .nz in light of these challenges, developing and applying evaluation criteria to draw conclusions about the number and categories of disputes, resolution rates and overall effectiveness. The article analyses cases, including appeals, under the “unfair registration” test which contrasts with Nominet’s .uk dispute resolution policy on which the New Zealand system was closely modelled. The author concludes .nz operates a just and workable dispute resolution service that demonstrates effective and responsible ccTLD administration.
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Irfansyah, Irfansyah. "PERAN STRATEGIS BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN." Ensiklopedia Sosial Review 3, no. 1 (March 4, 2021): 58–62. http://dx.doi.org/10.33559/esr.v3i1.687.
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Consumer protection is any effort that ensures legal certainty to protect consumers. The legal basis that regulates consumer protection in Indonesia is Law Number 8 of 1999 concerning Consumer Protection. The method used in this research is normative legal research, using a statutory approach. According to Article 45 Paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection, it is emphasized that every consumer who is injured can sue business actors through an institution that is tasked with resolving disputes between consumers and business actors or through courts within the general court. In order to resolve consumer disputes outside the court, the government is mandated to establish a Consumer Dispute Resolution Agency. In handling and resolving consumer disputes, the Consumer Dispute Resolution Agency forms an assembly consisting of at least 3 (three) members representing elements of government, elements of consumers, and elements of business actors. According to Article 54 Paragraph (3) of Law Number 8 of 1999 concerning Consumer Protection, it is confirmed that the decision of the assembly formed by the Consumer Dispute Resolution Agency is final and binding. Settlement of disputes through the Consumer Dispute Resolution Agency doesn’t eliminate criminal responsibility so that the decision of the assembly formed by the Consumer Dispute Resolution Agency is sufficient initial evidence for investigators to carry out investigations.
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Sudjana, Sudjana. "Efektivitas dan Efisiensi Penyelesaian Sengketa Kekayaan Intelektual melalui Arbitrase dan Mediasi berdasarkan Undang-Undang Nomor 30 Tahun 1999." Ajudikasi : Jurnal Ilmu Hukum 2, no. 1 (July 20, 2018): 81. http://dx.doi.org/10.30656/ajudikasi.v2i1.598.
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This review discusses the effectiveness and efficiency of dispute resolution of intellectual property through Arbitration compared to Mediation under Law Number 30 of 1999.Approach method used is normative juridical, that is studying national legislation. Specific descriptive analytical research in the sense of describing the issues discussed and analyzed. The research stage is done through literature study to examine the primary law material such as Law Number 30 of 1999 Concerning Arbitration and Alternative Dispute Resolution. Furthermore, secondary law material is done through expert opinion, and tertiary legal material is digital source (internet). Data collection techniques are conducted through document studies, which are conducted by reviewing documents on intellectual property dispute resolution. Then the method of data analysis is done through normative qualitative, it means to study the problem do not use statistic formula, but starting from the principles of law.The results of the study show that the settlement of intellectual property disputes through Arbitration and Mediation each has advantages and disadvantages. Mediation is more effective and efficient than Arbitration relating to stakeholder relations, atmosphere, results achieved, and costs. However, in terms of legal certainty, arbitration is more effective because the decision is final and binding. Keywords: Dispute Resolution, Intellectual Property, Arbitration, Mediation.
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Gayo, Sabela. "Maritime Dispute Resolution With Mediation Techniques." SASI 29, no. 3 (September 22, 2023): 589. http://dx.doi.org/10.47268/sasi.v29i3.1477.
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Introduction: In resolving ordinary maritime disputes related to national borders, from several types of dispute resolution, mediation is the right way to resolve disputes involving third parties.Purposes of the Research: This paper aims to find out that in resolving martim aurann disputes the law is contained in international law, namely UNCLOS 1982 which regulates martim disputes.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: Alternative settlement of territorial boundary disputes can be done by, first, referring to UNCLOS 1982 through Bilateral Mutual Agreement in drawing a temporary line (equidistant line) using the equity principle and considering relevant factors and the possibility of modifying the equidistant line with the diplomatic approach of both countries, second, through the ASEAN mechanism, and. third, through the mechanism of the International Court of justice by promoting equitable principles and relevant circumstances.However, resolving with the second alternative is more appropriate because it can use mediation methods in maritime dispute resolution.
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Frössel, Andreas. "Consumer Dispute Resolution in Austria." International and Comparative Law Review 22, no. 1 (July 1, 2022): 120–33. http://dx.doi.org/10.2478/iclr-2022-0008.
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Summary The author of this contribution deals with specifics of consumer disputes in Austrian civil procedure law. He analyses special provisions that address consumers in dispute resolution and general procedural rules that do not specifically apply to consumers but have their major impact on consumers. He gives an overview on the caselaw of the Austrian Supreme Court in which the Court has introduced several ways to protect the interests of consumers.
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Supeno, Supeno, Muhtar Dahri, and Hafid Zakariya. "Kedudukan Asas Hukum dalam Penyelesaian Sengketa Melalui Arbitrase Berdasarkan Undang-Undang Nomor 30 Tahun 1999." Wajah Hukum 3, no. 1 (April 30, 2019): 51. http://dx.doi.org/10.33087/wjh.v3i1.45.
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The enactment of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution is a step forward in dispute resolution in Indonesia, especially the settlement of disputes in the field of trade in response to the deadlock in the settlement of trade disputes that require resolutions quickly, cheaply, informally, and maintained interests and the secrets of the parties. However, there are still some rules and practices that are not in line with the principle of arbitration law itself. In this paper will be reviewed and analyzed the position of the legal principle used in resolving disputes through arbitration, so it is hoped that these legal principles can be upheld by all interested parties, if there are legal rules and legal practices that are contrary to this legal principle, they can be ruled out.
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Zarosylo, Volodymyr O., Oleksandr M. Kaplya, Kyrylo V. Muraviov, Dmytro I. Myniuk, and Olena Yu Myniuk. "Alternative ways of resolving legal disputes and their application in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 4 (December 23, 2021): 232–38. http://dx.doi.org/10.37635/jnalsu.28(4).2021.232-238.
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Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts. Resolving disputes through alternative methods also speeds up their resolution, but in some cases the process itself can be more expensive
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Naranta, Enno Haya Gladya, and Labib Muttaqin. "ANALYSING THE SETTLEMENT OF MARITIME SOVEREIGNTY’S DISPUTE CASES BASED ON UNCLOS 1982." Interdisciplinary Social Studies 1, no. 5 (February 20, 2022): 598–602. http://dx.doi.org/10.55324/iss.v1i5.126.
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This paper was written to describe maritime sovereignty disputes under the United Nations Convention on the Law of the Sea 1982 (UNCLOS). UNCLOS' 1982 role was enormous in resolving the South China Sea dispute, Indonesia's Malaysian dispute, and the Natuna islands dispute. The theoretical framework used in this paper to analyze case studies is the international regime and the theory of compliance with maritime dispute resolution. The results of this paper show that the jurisdiction of UNCLOS 1982 offers several paths in dispute resolution and prevents the occurrence of perpetual sea disputes.
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Otovchyts, S. L. "Current issues of labour dispute resolution through mediation." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 318–22. http://dx.doi.org/10.24144/2788-6018.2024.02.55.
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The article presents a comprehensive theoretical and legal study of mediation as an alternative procedure for resolving labor disputes. The author proves that the urgent issue of labor law science is to make specific proposals for the development of a systematic and consistent legislative framework for the use of labor mediation in resolving labor disputes. The author draws attention to the fact that current legislation makes situational references to this concept in certain articles without disclosing its content, which leads to law enforcement problems. Thus, the Law of Ukraine "On Mediation” supplemented the current Labor Code of Ukraine with a new Article 221-1 "Settlement of Labor Disputes through Mediation”. It is emphasized that the inclusion of the new provision in Chapter XV "Individual Labor Disputes” of the Labor Code of Ukraine indicates that the legislator has limited the mediation procedure to the settlement of individual labor disputes. The author emphasizes that failure to comply with the principle of legal certainty as a component of the rule of law principle enshrined in Article 8 of the Constitution of Ukraine impedes the proper protection of labor rights. The author argues that the national legislator incorrectly applies the concept of "labor dispute” by defining mediation as an alternative way of its resolution, since in fact a "labor dispute” arises at the time of applying to the bodies which consider them. Mediation does not resolve a labor dispute, but rather disagreements between the parties to labor relations at the stage of voluntary settlement of such disagreements, which is more appropriately called a "labor conflict”. The author denies the legislator's position that the mediation procedure is applicable only to individual labor disputes. Attention is drawn to the need to extend such an institution to collective labor disputes. The author argues that it is necessary to eliminate regulatory uncertainty regarding the terminology of the concept of "mediation" and to harmonize the provisions of the Law of Ukraine "On Mediation" and current labor legislation. The existence of stable and clear legislation on mediation is an embodiment of the rule of law and will contribute to the formation of public confidence in alternative out-of-court dispute resolution procedures.
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RAHIMI, Haroun. "To Sue or Not to Sue: How Afghan Merchants Strategically Choose to Use or Avoid Courts." Asian Journal of Comparative Law 14, no. 2 (November 12, 2019): 211–44. http://dx.doi.org/10.1017/asjcl.2019.35.
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AbstractThis article explores how and why Afghan merchants choose to use courts or informal dispute resolution methods. It goes beyond the common corruption and inefficiency arguments, which maintain that Afghans do not use courts because they are corrupt and inefficient. It leverages rich, original data on variation of dispute resolution practices across provinces and types of disputes to gain insights into Afghan merchants’ dispute resolution decisions. In so doing, I reveal a more complex picture of commercial dispute resolution in Afghanistan. In this article, I demonstrate that Afghan merchants do choose courts when courts enforce the parties’ expectations and courts’ judgments are necessary and effective. Moreover, while Afghan merchants do prefer informal dispute resolution methods, they do so because informal methods hold important advantages over courts in the context of Afghanistan where the formal property rights system is a failure, and the business climate is highly volatile.
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Ramadhan, M. Syafrie, Bagus Kusumo Hadi, Dino Gautman Raharjo, M. Fadhil Azzam Arfa, and Muhammad Alvin Saputra. "DISPUTE RESOLUTION OF MUDHARABAH CONTRACT FINANCING THROUGH BASYARNAS." Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah 8, no. 1 (June 20, 2024): 975–87. http://dx.doi.org/10.30651/justeko.v8i1.21285.
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Mudarabah financing disputes in Islamic banking are generally resolved using litigation or judicial channels. As stated in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, there are also other channels in dispute resolution, namely arbitration and alternative dispute resolution such as; mediation. As contained in the financing contract in Islamic banking Law No. 21 of 2008 states that dispute resolution will be resolved through BASYARNAS if in the agreement clause a dispute occurs it will be determined through a Sharia arbitrator in this case BASYARNAS this is the authority for BASYARNAS. The settlement of mudharabah disputes in Islamic banking is said to be a default, not only judged by the losses obtained by the creditor (Bank) but can also come from the beginning of the loss. If the customer's negligence causes the default, then this can be the customer's responsibility as the owner of the capital, and he bears the loss. In principle, there is no compensation for mudharabah because it is Amanah. Still, if the loss comes from the negligence of the Islamic Bank, it will be borne by the Islamic Bank as long as the failure or loss is not caused by the owner of the capital (mudharib). if there is a dispute between the two parties to the mudharabah financing contract agreement, the settlement will be resolved through arbitration (BASYARNAS). This statement authorizes BASYARNAS to resolve disputes for the parties to the dispute according to the agreed agreement.
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Anwar, Muhazri, Yaswirman Yaswirman, and Ulfanora Ulfanora. "Dispute Resolution of Shariah Economy in Murahabah Financing Contract in Sahabat Mitra Sejati Cooperatives." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (June 2, 2019): 72. http://dx.doi.org/10.18415/ijmmu.v6i3.768.
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Sharia resolution in the murabahah financing contract at the Mitra Sejati Cooperative indirectly in the process of resolving the dispute still refers to Law No. 21 of 2008 concerning Sharia Banking. While the Fatwa of the National Syari'ah Council Number 07 / DSN-MUI / IV / 2000 explained that the resolution of murabahah financing disputes was in the Syari'ah Arbitration Board. According to Article 55 of Law No. 21 of 2008 concerning Sharia Banking, that sharia dispute resolution can be carried out by the Court within the religious court environment and can also be resolved by referring to the contents of the contract. In fact, murabahah financing contracts carried out by true partner cooperatives do not explicitly appoint which judicial institutions to solve them. Sharia dispute resolution in the murabahah financing contract must be settled in the Religious Court but the fact is resolved in non-litigation in the form of a public auction. When viewed from the theoretical concept of legal certainty, this does not reflect the firmness in the rule of law because the resolution through non KPKNL parate litigation does not yet have binding legal force. where the results of the auction cannot automatically have disputed objects. With respect to murabahah financing agreements in true partner cooperatives, legal defects can be declared because there is no firmness and there is no accuracy of the contract maker when a dispute occurs where the contract maker does not confirm which institution is appointed and agreed when a dispute occurs.
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Sopamena, Ronald Fadly. "Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional." Balobe Law Journal 2, no. 1 (April 17, 2022): 1. http://dx.doi.org/10.47268/balobe.v2i1.767.
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Introduction: The importance of understanding international business contract law is because international business will involve more than one country so that the laws in these countries will also differ from one another. This will cause problems if there is a business dispute between two parties from different countries.Purposes of the Research: Thus, this study aims to analyze dispute resolution, especially alternative dispute resolution in international business.Methods of the Research: The research method used is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles.Results of the Research: Choice of law is a consequence in an international business contract as a result of different legal rules in each country. Alternative dispute resolution is a method of dispute resolution that can be used in international business disputes. Arbitration, Mediation, Conciliation, Negotiation and Consultation can be used as initial options so that a solution can be obtained from the disputes faced before going through the litigation route which of course will be more time consuming and costly.
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Choirunisa, Eka, and Abdul Mujib. "Penyelesaian Sengketa Pegadaian Syariah Melalui Badan Penyelesaian Sengketa Konsumen (BPSK)." Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah 5, no. 5 (March 1, 2023): 2344–65. http://dx.doi.org/10.47467/alkharaj.v5i5.3468.
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Dispute resolution institutions can be used both for litigation and non-litigation dispute resolution. One of the dispute resolution institutions is the Consumer Dispute Settlement Agency (BPSK), which is regulated in Law Number 8 of 1999 concerning Consumer Protection. The UUPK and BPSK procedural law spell out the responsibilities and authorities of the BPSK. Currently, there are no restrictions on the types of consumer disputes that can be handled by BPSK with business actors and consumers. Regarding the authority of the BPSK in solving problems, especially in the field of Islamic finance, it is often the subject of discussion considering that each institution has different juridical foundations. The research method used is qualitative research using a juridical-normative approach. In Dispute Resolution at BPSK, the parties must first reach an agreement in the form of a contract before proceeding with dispute resolution through BPSK, which is basically a voluntary choice between the parties. BPSK cannot be used to resolve disputes if one party disagrees. Although envisioned as a weapon for consumers seeking justice, implementation remains challenging. This is because legal arrangements do not conform to assumptions, in particular answering buyer inquiries online quickly, effectively and efficiently. Apart from that, the UUPK articles are inconsistent, only contradictions between articles and horizontal conflicts with other statutory products. Legal certainty in dispute resolution requires gradual improvement of three components in the Consumer Dispute Settlement Agency: legal structure, legal substance, and legal culture.
Keywords: Sharia Pawnshop Disputes, Consumer Dispute Settlement Agency (BPSK), Consumer Protection Act
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Amarini, Indriati, Noorfajri Ismail, Yusuf Saefudin, Zeehan Fuad Attamimi, and Astika Nurul Hidayah. "Exploring the Effectiveness of Mediation in Resolving Disputes in the Indonesian Administrative Court." Journal of Indonesian Legal Studies 9, no. 1 (May 9, 2024): 353–84. http://dx.doi.org/10.15294/jils.vol9i1.4632.
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This study analyzes mediation in administrative dispute resolution in Indonesian Administrative Courts. The settlement of administrative disputes through mediation is not recognized in the Administrative Court procedural law. Mediation in the dispute resolution process in Administrative Courts is still a matter of debate. One of the parties to the dispute is a public body or official who is included in the realm of public law, so that mediation is not possible. The execution of Administrative Court decisions that have permanent legal force does not guarantee justice and legal certainty. This research aims to analyze the development and implementation of mediation in settlement of public disputes in Administrative Courts. The research method used is doctrinal research or library research with secondary data sources in the form of legislation on Administrative Courts, Supreme Court regulations on mediation, and scientific journals of research results. The results showed that mediation in public dispute resolution is used as an alternative to dispute resolution and has long been applied in several countries. Mediation in administrative dispute resolution can be carried out in two ways. First, mediation can be carried out outside the Administrative Court, and then the lawsuit is revoked. Second, mediation can be carried out through Court-connected mediation in the Administrative Court. There is a need to develop and strengthen the application of Court-connected mediation for administrative dispute resolution from the aspects of procedural law and Administrative Court resources that support the mediation process.
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Rusni Hassan, Ibtisam @ Ilyana Ilias, and Tuan Nur Hanis Tuan Ibrahim. "ISLAMIC BANKING DISPUTE RESOLUTION: THE EXPERIENCE OF MALAYSIA AND INDONESIA." IIUM Law Journal 30, S2 (November 12, 2022): 317–58. http://dx.doi.org/10.31436/iiumlj.v30is2.771.
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The dispute resolution mechanism in a country involving Islamic banking depends on its applicable law. A workable mechanism guarantees a harmonious settlement and ensures justice is upheld in conjunction with the spirit of Islamic law. This study aims to analyse various mechanisms to resolve Islamic banking disputes in Malaysia and Indonesia by referring to the latest legal and judicial developments in both jurisdictions. It adopts doctrinal and comparative legal research methodology whereby the relevant primary and secondary sources of law were meticulously appraised. Findings of this study reveal that both countries have their own unique way of dealing with Islamic banking and finance cases. In Malaysia, the jurisdiction is vested in civil courts with mandatory reference to the SAC in deciding Shari’ah issues. Regarding Indonesia, Article 55 (1) of Law No. 21 (2008) provides that a Religious Court shall have jurisdiction to hear matters involving Islamic banking disputes, unless there is an agreement stating that the dispute resolution should be done in another manner, provided the chosen manner does not contradict with Shari’ah principles. There is also an option to refer to the Dewan Shari’ah Nasional Majlis Ulama Indonesia for expert opinions. Both jurisdictions also acknowledge alternative dispute resolution as a mechanism for dispute settlement. This study emphasises the need to enhance the knowledge and in-depth understanding of judges in the relevant field of law; Shari’ah law for civil court judges and civil law for religious court judges, to facilitate the dispute resolution process.
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Wang, Shumin. "Soft law and Chinese investment dispute resolution with BRI countries." BCP Business & Management 49 (August 16, 2023): 567–75. http://dx.doi.org/10.54691/bcpbm.v49i.5462.
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The article delves into the utilization of soft law as an effective mechanism for resolving investment disputes within the context of China's ambitious Belt and Road Initiative (BRI). With the resurgence of global investment and the expansion of BRI projects, the potential for disputes in investments has escalated. This article highlights the limitations of traditional dispute resolution methods, such as international investment arbitration and international commercial arbitration, including enforcement difficulties, high costs, and protracted proceedings. In contrast, soft law emerges as a flexible and efficient approach to address these challenges. The concept and characteristics of soft law are thoroughly explored, emphasizing its role as an alternative to conventional legal instruments. Soft law encompasses principles, codes of conduct, and rules, providing a broader range of subjects and facilitating tailored solutions adaptable to local conditions. Its inherent flexibility significantly enhances the efficiency of conflict resolution, reducing contractual and negotiation costs associated with more rigid legal frameworks. The application of soft law within the Chinese context is examined, highlighting the proactive role of Chinese institutions in incorporating soft law mechanisms. For instance, the Export-Import Bank of China (EximBank) incorporates soft law in its loan application process by requiring compliance with relevant environmental policies and standards of both China and the host country. This approach helps fill legal loopholes, ensures environmental protection, and promotes efficient dispute resolution. The article further argues that mediation, as a soft law-based dispute resolution mechanism, holds particular promise for resolving investment disputes. Mediation fosters a cooperative and collaborative environment, encouraging dialogue and negotiation between parties. Its introduction as an alternative to arbitration reduces costs and expedites the resolution process. Leveraging China's cultural tradition and appreciation for mediation, it is suggested that soft law, particularly mediation, can offer novel and effective pathways to address investment disputes arising from the BRI. By embracing the advantages of soft law, a more efficient and convenient dispute resolution mechanism can be established. This not only promotes the successful implementation of BRI projects but also contributes to enhancing China's national reputation, fostering stable relationships with participating countries, and creating a favorable environment for overseas investments. It is essential to establish a robust dispute resolution framework to ensure the smooth operation of the BRI and address the increasing number of investment disputes that may arise along its path. In conclusion, this article advocates for the adoption of soft law, particularly mediation, as a viable and effective approach to resolve investment disputes within the BRI framework. By harnessing the flexibility and efficiency of soft law mechanisms, a conducive environment for investment dispute resolution can be created, benefiting all parties involved and facilitating the realization of the Belt and Road Initiative's overarching goals.
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Moisejevas, Raimundas. "The Damages Directive and Consensual Approach to Antitrust Enforcement." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 181–94. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.8.
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The article focuses on the novelties introduced by the Damages Directive in the field of consensual settlements of disputes concerning private enforcement. The Damages Directive obliges Member States to ensure that the limitation period for bringing an action for damages is suspended for the duration of any consensual dispute resolution process. The Directive also establishes the main principles that govern the effect of consensual settlements on subsequent actions for damages. Since the EU framework for consensual dispute resolution of private enforcement disputes is quite new, many issues must still be solved in Member States’ practice. While analysing consensual dispute resolution in private enforcement cases, particular interest should be paid to mediation and arbitration as a form of Alternative Dispute Resolution (ADR). Mediation is often used in competition law litigation. In a mediation process, parties are subject to fewer legal costs than in litigation and arbitration. It may thus be concluded that consensual dispute resolution is usually a faster way to receive compensation. However, voluntary arrangements and ADR in competition law still raise many problems concerning both procedural and substantial legal acts
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Nufaris Elisa. "The Resolution of International Trade Disputes through Arbitration." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 1 (February 29, 2020): 296–301. http://dx.doi.org/10.33258/biohs.v2i1.191.
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If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.
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Puchkov, Stepan. "Psycholawgy: What Dispute Resolution Practitioners Overlook?" Journal of International Arbitration 35, Issue 4 (August 1, 2018): 463–80. http://dx.doi.org/10.54648/joia2018024.
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This article brings to the readers’ attention several particular subconscious ‘blinders’ together with their potential implications in the field of dispute resolution and offers practical recommendations in relation thereto from both the counsel and judge/arbitrator perspective. The article does not aim to provide the readers with an exhaustive theoretical background of the psychology of decision-making. Instead, it will put into the spotlight only ‘blinders’ that (1) are likely to emerge in dispute resolution; (2) are easy to explain and exemplify without going too deeply into psychology; (3) suggest very concrete practical inferences; and (4) can be used to produce tips for practitioners. Finally, it is suggested that it may be the time to rethink the approach to dispute resolution by taking more account of non-legal influences affecting disputes’ outcomes, which might in some cases be as influential as blackletter law.
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Stanojević, Sanja. "Advantages of arbitration over court resolution of employment disputes." Pravo i privreda 59, no. 1 (2021): 19–34. http://dx.doi.org/10.5937/pip2101019s.
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An employment dispute is a dispute between a single worker and the employer, or between a trade union and employer or association of employers. The division of employment disputes is important because it indicates the method of the settlement of labour disputes. According to Serbian legal system, employment disputes can be settled in court or using one of the alternative labour dispute resolution methods (arbitration, conciliation, mediation). Based on the Law on the Amicable Settlement of Employment Disputes, an institution for the peaceful settlement of labour disputes was established - State Agency for Amicable Settlement of Employment Disputes. Arbitration is always voluntary. The Agency is to be in charge only if both parties accept to solve the dispute using arbitration. An individual employment dispute can be solved using arbitration only if that is allowed by work contract or a general employer act. A collective dispute can also be solved using arbitration. If one of the parties does not want to use an alternative method for solving the problem, arbitration cannot be an option. In that case, the only way to protect its rights is in court. The process of settling a dispute in court before a judge is an extremely strict and formal procedure required by law. The court is obligated to determine relevant facts and make a decision based on them. The judgment is binding for the parties and can be forcedly executed. Protection of rights is accomplished when the judgment or arbitration decision is made and executed. The arbitration decision can be voluntarily executed, unlike the judgment that can be forcedly executed. The arbitration decision cannot be forcedly executed and that is the main disadvantage of the arbitration. The arbitration procedure needs to be improved in order to guarantee the protection of rights.
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Ilma, Dede Amar Udi, Fadia Fitriyanti, Faqih Ma’arif, Nasrun Baldah, and Bambang Utoyo. "STATE OF THE ART PERSELISIHAN KONTRAK KONSTRUKSI DI INDONESIA." INERSIA: lNformasi dan Ekspose hasil Riset teknik SIpil dan Arsitektur 16, no. 2 (December 24, 2020): 158–70. http://dx.doi.org/10.21831/inersia.v16i2.36901.
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ABSTRAKPaper ini membahas tentang state of the art penyelesaian sengketa konstruksi di Indonesia yang meliputi jenis sengketa, indikasi potensi sengketa, dan perbandingan peraturan penyelesaian sengketa jasa konstruksi. Metode yang digunakan adalah mix method yang terdiri dari expert judgment, studi literatur dengan memperbandingkan riwayat penyelesaian perselisihan kontrak konstruksi mengacu kepada UU No.02/2017, Perpres No.16, UU No. 30 / 1999, dan PP No. 22/2020, dan Dispute Resolution Management Matrix (DRM-Matrix). Hasil analisis menunjukkan bahwa dua hal pokok penyelesaian sengketa yaitu pilihan penyelesaian sengketa dan penyelesaian sengketa di luar pengadilan (litigasi dan non litigasi). Penyempurnaan diberlakukan dalam PP No.22 Tahun 2020 yang menjelaskan tentang tahapan penyelesaian sengketa yang menyangkut mediasi, konsiliasi, dan arbitrase, juga terkait dengan penunjukkan dewan sengketa.Kata kunci: kontrak, konstruksi, perselisihan, state of the art ABSTRACTThis paper discusses of state of the art construction dispute resolution in Indonesia, which includes types of disputes, indications of potential disputes, and comparison of construction service dispute resolution regulations. The proposed method is a mixed-method consisting of expert judgment, literature study by comparing the history of construction contract dispute settlement referring to Law No. 02/2017, Presidential Decree No. 16, Law No. 30/1999, and PP. 22/2020, and the Dispute Resolution Management Matrix (DRM-Matrix). The results show that there are two main issues for dispute resolution, namely the choice of dispute resolution and dispute resolution outside the court (litigation and non-litigation). Improvements are enforced in Government Regulation No.22 of 2020 which explains the stages of dispute resolution involving mediation, conciliation and arbitration, as well as the appointment of a dispute board.Keywords: contract, constructions, dispute, state of the art
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Nanin Oktaviani and Habib Adjie. "Juridical Analysis For Mediationland Dispute Resolution." YURISDIKSI : Jurnal Wacana Hukum dan Sains 18, no. 4 (March 30, 2023): 484–510. http://dx.doi.org/10.55173/yurisdiksi.v18i4.170.
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This study aims to find out whether the results of mediation can be accepted as a settlement step and what are the legal consequences of the results of this mediation. The research method used is empirical juridical, namely by comparing legal facts with the theoretical basis of law and applicable legislation. Based on the results of the research, the following results were obtained: 1) As a mediator function, based on Permenag Number 11 of 2016 concerning Settlement of Land Cases, ATR/BPN can resolve land ownership disputes through mediation, only for disputes that do not involve ministries, the results of mediation are taken from dispute resolution can be considered final and binding, and to have legal force, a peace deed is better madein front notary official and afterwards the deed is registered with the District Court; and 2) the legal consequences of the mediation results that have been registered with the District Court are the legal basis for the Head of the local ATR/BPN Office to change or repair the disputed land certificate as an effort to provide protection and legal certainty.
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Prihantini, Lilya Marischa, Mohammad Sood, and Lalu Muhammad Hayyanul Haq. "Arbitration as Settlement of Disputes in Foreign Investments." International Journal of Multicultural and Multireligious Understanding 7, no. 8 (September 4, 2020): 399. http://dx.doi.org/10.18415/ijmmu.v7i8.1937.
Full textAbstract:
This study aims to determine and understand the procedures for dispute resolution through arbitration in foreign investment (PMA), and how the development of arbitration is in accordance with positive knowledge and law in relation to dispute resolution in foreign investment (PMA). This research utilizes normative juridical legal research. This study uses a statutory, historical, and conceptual approach. The findings show that the procedure for disputing resolution through arbitration in foreign investment (PMA) has been confirmed in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The development of arbitration is in accordance with positive knowledge and law in relation to dispute resolution in Foreign Investment (PMA), that investors, in this case, not all of them are able to have a positive impact on the progress of society and the Indonesian government, the legal process of arbitration in resolving disputes in foreign investment (PMA) is far from perfect words.
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Miasiratni, Miasiratni. "Perlindungan Sengketa Konsumen Menurut Undang-Undang Nomor 8 Tahun 1999." Journal of Global Legal Review 2, no. 1 (April 30, 2024): 53–64. http://dx.doi.org/10.59963/jglegar.v2i1.323.
Full textAbstract:
Legal certainty to provide protection to consumers in the form of protection of consumer rights, which is strengthened through special legislation, namely the Consumer Protection Law, gives hope that business actors will not act arbitrarily which always harms consumer rights. Law no. 8 of 1999 concerning Consumer Protection regulates consumer protection. Based on Article 1 point 1, it is stated that consumer protection is all efforts to ensure legal certainty to provide protection to consumers. The Consumer Dispute Protection Agency is tasked with resolving consumer disputes both through litigation and non-litigation. This method uses a normative juridical method, namely by providing a clear, systematic picture of various matters relating to the duties of the Consumer Dispute Resolution Agency according to Law No. 8 of 1999 concerning consumer protection. The results of this research show that the Consumer Dispute Resolution Agency (BPSK) according to Law NO 8 of 1999 is the body tasked with handling and resolving disputes between business actors and consumers. Consumer dispute resolution body (BPSK) is a special institution formed by the government in level II regions to resolve consumer disputes outside of court.
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Wiegandt, Dirk. "Blockchain and Smart Contracts and the Role of Arbitration." Journal of International Arbitration 39, Issue 5 (October 1, 2022): 671–90. http://dx.doi.org/10.54648/joia2022029.
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Blockchain technology is considered one of the most disruptive technologies of our times. At the same time, by means of smart contracts stored on a blockchain, all or parts of an agreement can be executed automatically upon certain triggering events. Some consider that with smart contracts becoming more and more complete and self-executing, we will enter into an era of dispute resolution without the involvement of a neutral third party (conciliator, mediator, arbitrator) or even an entirely dispute-free environment. By contrast, it is submitted that disputes are inevitable. The question is not whether disputes arise, but which means of dispute resolution are best suited to resolve disputes arising in the context of blockchains and smart contracts. While not the only mechanism, it is submitted that arbitration is particularly well-suited for many types of disputes and, if adapted to the specific expectations and needs of (enterprise) users of blockchains and smart contracts, may play a central role in a blockchain and smart contract environment. blockchain technology, smart contracts, distributed ledger technology, decentralization, disintermediation, oracles, automation, artificial intelligence, cryptocurrencies, NFTs, Kleros, digital dispute resolution
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Kusnadi, Apriliani, and Devi Siti Hamzah Marpaung. "Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi)." Wajah Hukum 6, no. 1 (May 1, 2022): 80. http://dx.doi.org/10.33087/wjh.v6i1.710.
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A civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution".
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HUNG, NGUYEN DUY, PHAN MINH THANG, and PHAN MINH DUNG. "MoDiSo: A TOOL FOR BUILDING CONTRACT DISPUTE RESOLUTION SYSTEMS." International Journal on Artificial Intelligence Tools 21, no. 01 (February 2012): 1250002. http://dx.doi.org/10.1142/s0218213012500029.
Full textAbstract:
Real-world dispute resolution should be guided by laws, even if such disputes may be resolved by bodies other than the court of laws. Hence in order to build contract dispute resolution systems we need a tool capable of representing, reasoning and programming with contract laws. In this paper we present such a tool called MoDiSo (MOdular Argumentation for DIspute ReSOlution ) which combines the strengths of state-of-the-art argumentation-based techniques for different aspects of law, to propose: first, a modular architecture for contract dispute resolution systems with an edit-compile-dispute loop facilitating incremental system developments; and second, a methodology to represent and reason with legal doctrines in contract laws in the formal language of assumption-based argumentation. We demonstrate the tool with several legal doctrines for performance relief in common law of contracts. As a by-product, we obtain a dispute resolution system capable of explaining legal outcomes by automatically generating relevant arguments.